Article 701

Sick Leave

701.01 General Rules Pertaining to Sick Leave

A. Unused sick leave shall be cumulative without limit.

For contract teachers, sick leave shall accumulate at

a rate of fifteen (15) days per year. All such teachers

shall be credited with one and one-half (1.5) days

on the second payday of each month. The accruals

will occur September through June. The effective

date for deducting sick leave credit shall be the final

day of each pay-reporting period.

B. Each new full-time teacher shall be credited with

five (5) days of sick leave, which may be used in case

any such employee is unable to work because of personal

illness or illness or death in his/her immediate

family, after beginning his/her employment but

before he/she has accumulated that amount of sick

leave in the manner provided in Paragraph A above.

If any of said five (5) days of sick leave is used, it

shall be deducted from the total sick leave which

he/she may accumulate during the first year of service

as provided in Section 701.01(A) above.

C. Sick leave for regular teachers employed on other

than a full-time basis shall be credited and deducted

at the proportionate rate set forth in their contract

of employment.

D. It shall be the responsibility of each teacher to transfer

any unused sick leave from a previous employer

to the office of the Treasurer of the Columbus

Board of Education. When a former teacher in the

Columbus School System returns to the employ of

the Board, his/her unused accumulated sick leave, if

any, shall be automatically reinstated. Such transfer

or reinstatement of sick leave will be accepted by the

Board provided the teacher’s most recent employment

takes place within ten (10) years of the date of

the last termination from Ohio public service and

provided such sick leave was earned in Ohio public

service.

701.02 Sick leave with pay may be used only for the purposes

provided in paragraphs A, B, and C below:

A. For absence of the teacher due to personal illness,

pregnancy, injury or exposure to contagious disease

which could be communicated to others. Up to

twenty (20) consecutive school days, or up to thirty

(30) consecutive school days if the teacher is

required to travel to another country for the adoption,

may be taken as sick leave at the time of legal

adoption of a child.

B. For absence of the teacher due to illness or injury of

someone in the teacher’s immediate family. Immediate

family is defined as father, mother, brother, sister,

son, daughter, wife, husband, grandmother, grandfather,

grandson, granddaughter, father-in-law, mother-

in-law, legal guardian, or foster or step-parents of

said teacher; and all dependents as defined by IRS

living in the home or any person living in the home

to whom a teacher becomes the primary caregiver. A

physician must certify the primary caregiver.

1. If a teacher is absent not more than three (3) consecutive

school days because of the illness of a

member of the teacher’s immediate family, the

teacher need only make the report of absence

required by Section 701.06(A) of this Agreement

in order to be eligible for sick leave with pay for

such absence.

2. If a teacher is absent in excess of three (3) consecutive

school days for this reason, the teacher must

provide the administrator of Human Resources,

with a doctor’s certificate setting forth the identity

of the patient, the nature of the illness involved

and the need for the absence of the teacher in

order for the teacher to be eligible for sick leave

with pay for such absence.

C. For absence due to death in the immediate family of

a teacher. Death in the immediate family of a

teacher is defined to mean the death of the father,

mother, brother, sister, son, daughter, husband, wife,

grandmother, grandfather, grandson, granddaughter,

aunt, uncle, father-in-law, mother-in-law, son-in-law,

daughter-in-law, brother-in-law, or sister-in-law, legal

guardian or foster or step-parents of the said

teacher; or dependents as defined by IRS. Absence

due to death in the immediate family shall not

exceed five (5) consecutive school days.

D. Assault Leave

In addition, a teacher may use up to forty (40) days

of assault leave due to injury resulting from a physical

assault on a teacher which occurs on Board

premises or which occurs off Board premises in connection

with the performance of assigned duties,

subject to the following stipulations:

1. The teacher’s conduct was within the bounds of

general standards of professional behavior.

2. The building administrator or other appropriate

administrator was notified as soon as possible of

the occurrence.

3. The teacher submits to the Human Resources

Department the certificate required in case of

sick leave absence, accompanied by the physician’s

statement required in Paragraph (4) below.

4. The teacher provides a physician’s statement

describing the nature and duration of the resulting

disability and the necessity of absence from

regular employment, with the findings of the

physician subject to review by the Board physician.

5. In the event the foregoing conditions are satisified,

none of the first forty (40) days of absence

resulting from such occurrence shall be deducted

from the teacher’s accumulated sick leave or personal

leave.

6. Workers’ Compensation cannot be received

simultaneously with sick leave benefits.

7. Any assault leave request that is in dispute will be

determined by a joint committee of three administrators

and three Association representatives.

The three administrators shall not include the

administrator who made the initial decision to

deny the request, and the three Association representatives

shall not include the requesting

teacher. The initial decision may be reversed by a

two-thirds (2/3) vote of the full committee. The

joint committee’s decision shall be final and

binding.

701.03 Use of Sick Leave Notification

A. When any member of the bargaining unit is to be

absent for a full school day, or a longer period, such

absence shall be reported to the principal or to the

Substitute Employee Management System, if designated

by the principal, at least one hour and thirty

minutes prior to the teacher’s normal required reporting

time or as soon as possible thereafter by any

teacher who wishes to use sick leave in accordance

with the above procedures. The teacher shall not be

required to state, during this notification, the cause or

type of illness involved. If possible, however, the

teacher will estimate the duration of his/her absence.

B. In the event the estimated duration of the absence is

expected to be continuous for a period in excess of

two weeks (10 school days), or when an absence has

been continuous for such a period, the teacher shall

advise the Administration of the estimated duration

of disability by submitting the designated form to

Human Resources by the tenth (10th) day of absence

and include a physician’s statement. The teacher will

provide the Office of Human Resources with written

notice at least three (3) school days before intending

to return to work.

701.04 A teacher who has been absent on a Monday

through Thursday shall inform his/her principal or

school clerk by 2 p.m. on the day before he/she

wishes to return. The administrator shall assume that a

teacher who is absent on Friday or the day before the

start of a vacation period will return on the next Monday

or the first working day after the vacation unless the

teacher notifies the principal or his/her designee on

Sunday or the last vacation day not later than 7 p.m. that

he/she will not return to duty on the next day.

Whenever it can be determined by the teacher on a

Friday or the school day prior to the starting of a vacation

that he/she will not be returning to duty on the

next scheduled school day, the teacher should let the

principal or school clerk know by 2 p.m. that he/she will

not be returning so that the same substitute teacher can

be continued.

701.05 Absence on Saturdays, Sundays, paid holidays and

paid non-work days shall not be charged against sick

leave.

701.06 Certificates Required in Case of Sick Leave Absence

A. When a teacher is absent, a report for such absence,

signed by the teacher, shall be completed by such

employee on a form supplied by the Board. Such

form shall be filed with the principal or immediate

supervisor within three (3) school days following the

last day of such absence or three (3) days after the

close of a school year, whichever occurs first.

B. If medical attention was required, the teacher shall

list the name and address of the attending physician

and the dates when the physician was consulted on

the form provided in Section 701.06(A) above.

C. Such report shall be made in a manner which will satisfy

the requirements of Section 3319.141 of the

Ohio Revised Code. The filing of any willfully false

statement by a teacher shall be considered by the

Board as grounds for disciplinary action in such form

and manner as the Board may deem advisable.

D. Teachers who have been out of school because of serious

illness, extending over a period of two or more

weeks, must have the approval of the Superintendent

before returning to regular school work. The

Superintendent or designated central office administrator

may require medical or psychological verification

of the teacher’s ability to return to work and any

limitations on the teacher’s return. In meeting the

medical (or psychological) verification requirement,

generally the written certification of the teacher’s

physician or psychologist is sufficient. In circumstances

where the Superintendent or central office

designee requires additional explanation, the teacher

shall provide a written report from his or her physician

or psychologist to the Superintendent or central

office designee.

E. Members of the bargaining unit shall not be asked or

required to sign a statement authorizing a doctor or

hospital to release medical records unless the absence

due to illness, injury or pregnancy of the member of

the bargaining unit has been challenged, in which

case the teacher shall be furnished with the written

reasons for such a challenge and the need to examine

medical records.

F. The purpose of this section is to provide tools for

management to curb sick leave abuse. These tools

shall not be utilized in an arbitrary, capricious, or

harassing manner.

1. If the principal or supervisor has a question about a

teacher’s use of sick leave, the principal or supervisor

shall hold a conference with the teacher, at

which the teacher shall be represented by the

Senior Faculty Representative at that building or

Association designee. This step must precede (2)

and/or (3) below.

2. The Superintendent may (but need not always)

require written certification to justify use of sick

leave from the teacher’s physician when:

a. There is a pattern of use such as, but not

limited to, workdays before or after a holiday

or vacation period, on Mondays or

Fridays, or a certain time of year; or

b. There is reasonable suspicion of sick leave

abuse; or

c. The teacher has been absent using sick leave

for consecutive workdays; or

d. The teacher has been absent using sick leave

for more than ten (10) days total during the

same school year; or

e. The teacher is on an extended absence and

the Superintendent has reasonable grounds

to question the continued absence, once

every thirty (30) calendar days.

3. The Superintendent may (but need not always)

require the teacher to be examined at Board

expense by a physician or psychologist designated

by the Superintendent when:

a. The Superintendent wishes to verify the

teacher’s fitness for return to work; or

b. There is reasonable suspicion of sick leave

abuse; or

c. The teacher is on duty, but there is a reason-

able question whether the teacher is able to

perform essential functions of the job; or

d. Where the teacher’s personal physician or

psychologist certification under (2) above

requires additional explanation. The Boarddesignated

physician or psychologist shall

provide a written report to the Superintendent.

4. Under this Section (F), the Superintendent

includes the Superintendent or his/her designated

central office administrator.

701.07 Catastrophic Illness/Injury

Sick Leave Donation Procedure

A member of the bargaining unit who has exhausted all

accumulated paid leave as a result of a catastrophic illness

or injury of a temporary nature may be granted

additional sick leave days through the donation of accumulated

unused sick leave by other bargaining unit

members who volunteer to do so in accordance with the

following guidelines:

A. For purposes of this procedure, the term “catastrophic

illness or injury” shall include illnesses, disabilities,

injuries and/or surgeries which are calamitous in

nature, constituting a great misfortune, where the

lack of immediate treatment will result in a life

threatening or life debilitating circumstance for the

employee or immediate family. Examples of catastrophic

diagnosis include, but are not limited to the

following:

• Accident resulting in multiple fractures or amputation

of limb

• AIDS

• ALS (amyotrophic lateral sclerosis)

• Cancer

• Cerebral palsy, muscular dystrophy

• Condition causing paralysis

• Hemophilia

• Mental illness (requiring hospitalization)

• Rare disease

• Severe burn involving over 20 percent of the body

• Severe head injury requiring hospitalization

• Spinal cord injury

• Stroke or cerebrovascular accident

B. A joint Association/Board committee consisting of

three (3) members of the bargaining unit appointed

by the Association and three (3) administrators shall

be appointed on a yearly basis to review requests

under this provision. In order to approve a request for

catastrophic illness/injury sick leave donation, a twothirds

(2/3) vote of the entire committee must pre-

vail. The joint committee will establish rules and procedures

for the allocation and disposition of donated

leave under this Section 701.07. All rules and decisions

of the joint committee require a two-thirds

(2/3) vote of the entire committee.

C. Applications for catastrophic illness/injury sick leave

donation must be jointly submitted to the administrator

of Labor Relations and the Association

President. Applications will include, but not be limited

to, the following information:

1. Nature of illness/injury

2. Physician(s’) statement as to the condition and the

need for sick leave

3. Projected date of return to duty

4. Explanation of previous sick leave usage

5. Any other pertinent information that applicant

can submit to the committee for its consideration

D. The committee shall meet and make a determination

regarding the request. The bargaining unit member

shall be informed of the committee’s decision in writing

within three (3) days of the meeting. The decision

of the committee shall be final.

E. The Association will assume the responsibility for

solicitation of donations for approved bargaining unit

members, subject to procedures established by the

joint committee. A form shall be mutually developed

to solicit donations. Bargaining unit members may

donate any amount of their unused sick leave to the

affected member. A maximum of forty-five (45) days

may be granted to the applicant. If additional sick

leave donation beyond the forty-five (45) days maximum

is needed, the bargaining unit member must

reapply for consideration by the committee. One

renewal will be considered by the committee. All

donation forms will be submitted by the Association

to the administrator of Labor Relations.

F. The joint committee shall not grant donated sick

leave so as to delay the disability retirement of a

teacher.

G. All information and reports relating to the applications

under this policy shall remain confidential to

the extent allowed by law.

H. A teacher using donated sick leave shall not earn or

accrue any sick leave under Section 701.01.

701.08 The Joint Committee on Sick Leave Bank, established

in the Memorandum of Understanding in the

2003 Addendum, shall continue its study of a sick leave

bank. If determined to be administratively feasible, the

bank will be implemented at the beginning of the 2005–

2006 school year.

Article 702

Leaves of Absence

702.01 Ill Health

A. The Superintendent or designated central office

administrator may require medical or psychological

verification of written application for a leave of

absence, without pay, for ill health. In meeting the

medical (or psychological) verification requirement,

generally the written certification of the teacher’s

physician or psychologist is sufficient. In circumstances

where the Superintendent or designated central

office administrator requires additional explanation,

the teacher shall provide a written report from

his or her physician or psychologist to the Superintendent

or designated central office administrator.

B. Such request for leave, if approved, shall be granted

for the remainder of the semester or the remainder of

the school year, or for an entire school year, with the

possibility of a renewal of the leave, upon written

request, according to the provisions of Section

3319.13 of the Ohio Revised Code. An earlier termination

of this leave, if requested in writing by the

employee, shall be at the discretion of the Superintendent

and in accordance with the needs and interests

of the schools.

C. At least thirty (30) days before a teacher on a leave of

absence for ill health expects to resume his/her

duties, the teacher, or someone acting in his/her

behalf, must request in writing the reinstatement of

said teacher to the staff. In requesting reinstatement,

said teacher does not forfeit his/her right to request

an extension of his/her leave of absence for ill health.

Failure to comply with this regulation shall be

deemed an automatic resignation.

D. Not less than ten (10) days before termination of

leave, a doctor’s statement must be submitted by the

teacher. The Superintendent or designated central

office administrator may require medical or psychological

verification of the teacher’s ability to return to

work and any limitations on the teacher’s return. In

meeting the medical (or psychological) verification

requirement, generally the written certification of the

teacher’s physician or psychologist is sufficient. In circumstances

where the Superintendent or designated

central office administrator requires additional explanation,

the teacher shall provide a written report

from his or her physician or psychologist to the

Superintendent or designated central office administrator.

E. Whenever any teacher has been absent from active

service a sufficient number of days to exhaust his/her

accumulated sick leave days and continues in absence

without applying for a leave of absence under this section,

the Superintendent shall investigate the facts of

the case and shall have authority to recommend to

the Board that an unrequested leave of absence be

granted according to the provisions set forth in

Section 3319.13 of the Ohio Revised Code. Any

teacher who refuses to comply with the terms of such

a leave of absence shall be considered to have terminated

his/her contract. Such refusal shall not deny

the teacher’s rights to request a hearing under Section

3319.13 of the Ohio Revised Code if the teacher files

with the Treasurer a written demand for such a hearing

within ten (10) days of the Board’s approval of

the Superintendent’s recommendation that a leave of

absence be granted hereunder. Notwithstanding any

other provision of this contract, a teacher returning

from ill health leave under this Subsection (E) shall

be immediately placed on active status if his/her position

has been filled by a substitute teacher.

702.02 Maternity/Paternity/Adoptive Leave

A teacher anticipating the birth or adoption of a child to

the family may request and shall be granted an unpaid

maternity, paternity, or adoptive leave of absence, provided

the following stipulations have been met:

A. Such request shall be submitted on the designated

form to the administrator of Human Resources, at

least thirty (30) days prior to the beginning date of

the requested leave.

B. A maternity or paternity leave request shall be

accompanied by a statement from the attending

physician indicating the anticipated date of birth of

the child and the expected date of disability; or

C. The request for adoptive leave shall be accompanied

by a statement from the adoption agency.

D. The requested duration of such leave shall be for the

remainder of the semester in which the leave commences

and not to exceed the four subsequent semesters.

All such leaves must terminate at the end of a

school year. The teacher may submit a request to the

administrator of Human Resources, for return to

service at any time during the leave. Such request

shall be in writing and shall be at least thirty (30)

days in advance of the desired return date. Such

teacher shall be returned to service on the requested

date or on the earliest following date when a vacancy

occurs requiring a certification/license held by the

teacher, provided the Board would otherwise have

employed a new teacher for such vacancy.

E. The teacher shall notify the administrator of Human

Resources, in writing, of his/her intention to return

to service at least 120 days before he/she expects to

resume his/her duties except, when delivery occurs

during such 120 days, notification shall be no more

than thirty (30) days after delivery. The teacher shall

be informed of receipt of such notification of intent

to return. Failure on the part of the teacher to comply

with this regulation may be deemed by the Board as

an automatic resignation.

F. In the case of an adoptive leave, if the adoption is canceled

after a replacement for the adopting teacher has

been arranged, the adopting teacher may request early

reinstatement from leave and such request will be

given priority consideration by the Administration.

Call in right away

Last school year, our members were beset by a drastic shortage of substitutes. This year already, absent teachers’ classrooms are going uncovered even though HR continues to hire more substitutes.

If you were absent and your class was not covered, it could be that no substitute picked up the job. Available substitutes receive an automated phone call from SEMS between 5:30 a.m. and 10 p.m. to pick up vacancies for the next workday. If you report your absence after 10 p.m. the night before your absence, substitutes will not be called to cover your class until 5:30 a.m. on the morning of your absence.

Even though the contract requires you to call SEMS or your principal at least one hour and 30 minutes prior to your reporting time, notifying SEMS or the administration of your absence as soon as practicable will help ensure a sub picks up the request. Keep in mind: the earlier the better.

If you or one of your colleagues fails to obtain a sub, send an email to tellcea@ceaohio.org with your school and the grade level or subject area of the vacancy. Fore more information, consult Article 701.03 of the Master Agreement.